tag:www.courtneyclarklaw.com,2013-03-21:/blog/773702019-01-21T04:30:35ZMovable Type Enterprisetag:www.courtneyclarklaw.com,2019:/blog//77370.35875822019-01-21T04:31:35Z2019-01-21T04:30:35Z
When it comes to creating a parenting plan after a divorce, you have two choices. You can give control of this precious situation to the courts, or you can work out a suitable plan with your ex. As distasteful as it may sound to negotiate with your spouse, it may be the best way to arrive at a plan that is suitable for you and in the best interests of your children.

Since you and your spouse are the ones who know the way your family operates, you may be in the best position to create a plan that provides the children with a fair balance of time with each parent while considering the most convenient options for dealing with conflicts. While convenience is certainly not the priority, it may help you and your spouse in the long term if you consider all the necessary factors when discussing your plan.

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The basics of a plan

Making a parenting plan is more than just scheduling who will have the children when. You and your ex will have to consider any special needs your children may have, such as their abilities to adjust to change and their need for discipline and structure. A judge will not know these things about your children, so you can take advantage of this to create a unique plan. You may even want to include the children as you work through the schedule. They can help you weigh matters such as:

School holidays

Extracurricular activities

Pick-up and drop-off time

Preferences for weekends and school nights

Transportation to and from each parent's house

You and your ex will have much to decide, including factors as basic as where you will live in proximity to each other to make the custody program as stress-free for the children as possible.

Cooperation is key

The focus of your parenting planning sessions should be on the well-being of your children. This is not the time to exact revenge on your ex by making his or her parenting time as inconvenient as possible or to keep a tally of the number of sacrifices you make for the plan compared to your ex's sacrifices. If the planning becomes a competition, no one will win, and you may lose your chance to create a unique schedule that could last for many years.

You may find it is helpful to seek the guidance of an attorney as you work through the difficult and delicate issues in your parenting plan. An Illinois attorney can offer guidance as well as ensure your parental rights are protected through every step of your custody dispute.

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tag:www.courtneyclarklaw.com,2019:/blog//77370.35818682019-01-15T13:31:50Z2019-01-15T13:30:50Z
When well-known, high net worth couples announce their intention to file for a divorce, the first thing people in Illinois and elsewhere might wonder is whether the couple has a prenuptial agreement in place. This is the question asked after reports appeared of the imminent divorce of Jeff and MacKenzie Bezos. How will property division affect the personal assets and the company that Bezos started from his garage back in the 90s?

Although Bezos already had a successful career when the couple married in 1993, without knowing then that Amazon would become a trillion-dollar concern, would they have signed a prenuptial contract? Although more couples sign prenups now, at that time, it was something mostly done by couples of which one spouse was already wealthy before the marriage. It is for that reason that the law allows couples to sign postnuptial agreements.

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In the case of the Bezos divorce, they reside in Washington state, which is a community property state. This concept of the law presumes almost all assets acquired by the spouses during their years of marriage as jointly owned property and to be split equally in the event of a divorce. However, a prenuptial or postnuptial agreement can prevent a 50/50 split of assets.

Illinois is an equitable distribution state that rules that spouses must handle property division in a way that is fair, which does not necessarily mean 50/50. Most couples recognize the value of prenuptial agreements -- not only to avoid contention in the event of a divorce but also to provide peace of mind for each spouse in knowing that his or her assets are protected, even if one of them should die. An experienced family law attorney can explain the pros and cons of signing a prenuptial agreement.

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tag:www.courtneyclarklaw.com,2019:/blog//77370.35718092019-01-08T14:42:53Z2019-01-08T14:41:54Z
With the New Year came various new laws across the country. Illinois couples who are considering divorce might have been concerned about the fate of family pets. In many households, pets are considered as part of the family, and it could be as traumatic to be cut off from pets as it would be not to have contact with their children. Fortunately, lawmakers have recognized this, and as from Jan. 1, 2019, Illinois family laws will no longer treat pets, as assets to be subject to the property division process.

Couples can now negotiate pet custody in the same way as child custody -- for the court's approval -- or petition the court to award joint custody or shared custody. While some courts have been accommodating in recent years, judges will now have clear guidance when it comes to decisions about granting pet custody to one or both spouses. Matters that will feature in their considerations will include the pet parent who provides day-to-day care and who pays for food, vaccinations, and other veterinary or care expenses.

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Those who advocated for the new law say one factor that has brought about the acceptance of pets as family members are the increased number of two-income couples who are childless, although many families with children have the same love for their pets. However, there is an exception for service animals. In cases that involve service animals, the court will award pet custody to the person to whom the pet provides a service.

Illinois families in the throes of divorce might find comfort in the fact that beloved pets will continue to be a part of their lives after their divorces are finalized. An experienced family law attorney can answer any questions about the new pet custody laws. A lawyer can also assist during negotiations about child custody, "parenting time" with pets and the finances related to the care of pets.

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tag:www.courtneyclarklaw.com,2019:/blog//77370.35639292019-01-02T15:52:36Z2019-01-02T15:51:36Z
When an unmarried Illinois man is the biological father of a child, he will not automatically be regarded as the father. Paternity will have to be established. Family law allows fathers to acknowledge paternity by signing specific forms after the child's birth. Without acknowledging paternity, the father will not have any rights, but acknowledgment will only guarantee him some rights.

After signing an AOP, particular paternal rights will be established, one of which is the right -- and duty -- to pay child support. If the father does not acknowledge paternity, the birth mother could take legal steps to establish paternity in an effort to get a court to order child support payments. Another guaranteed right for a father who signed the AOP is the right to have his last name recorded for the child on the birth certificate. Furthermore, the mother may not proceed with any adoption proceedings of the child without consulting with the father.

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Unfortunately, child custody, parenting time and visitation are all to be established separately. None of these privileges are guaranteed by signing an acknowledgment of paternity form. A father will have to petition the court if he wants to have a child custody order issued. Both parents could agree on visitation and parenting plans and present it for the approval of the court, or they can leave it for a judge to decide when the father can see the child.

Unmarried fathers in Illinois might have questions about their legal rights and the requirements for acknowledgment of paternity. An experienced family law attorney can provide answers and assist with ensuing legal proceedings. The lawyer can ensure that the best interests of the child are protected.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35606282018-12-27T15:01:36Z2018-12-27T15:00:36Z
Making the decision to divorce can be a harrowing process, especially if you and your soon-to-be ex-spouse have children together. Even if you feel that dissolving your marriage is the best path for everyone involved, you may still have concerns over how the situation might affect the kids.

As you attempt to negotiate a parenting plan, you likely considered it imperative to cover all the necessary topics. However, it can be difficult to predict all that your future will hold, and there may come a time when you feel it might be necessary to make changes to the original arrangement.

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Seeking modifications to a child custody agreement

There could be a variety of scenarios in which you wish to pursue changes to your custody agreement. However, the court may only agree to modify the arrangement under certain circumstances, some of which may include:

Need for relocation: There are a multitude of circumstances that can leave you facing the need to move to another location, such as a change of employment. This need to relocate could in turn prompt a need to revisit your current custody arrangement.

Best interests of the kids: In some cases, changes to the current parenting plan could be in the best interests of the children, and courts consider the needs of your kids to be of the utmost importance.

Safety as a concern: If you have concerns for the safety of your kids or believe that the current arrangement is placing them in harm's way, you may also have grounds to pursue the necessary modifications.

Violation of rights: Modifications may also become necessary should the other parent constantly refuses to comply with the terms of your parenting plan.

The death of a parent is another scenario in which it may become necessary to modify a parenting plan. While these situations may spark a need to revisit the original agreement, such matters may still be hotly contestable, and it might be in your best interests to seek guidance prior to pursuing any changes.

Assistance in the process

A change in circumstances can prompt a need to alter your parenting plan, but the process of pursuing modifications can be exceedingly complex. Fortunately, you don't have to go through this alone, and you could find it helpful to speak with someone who is knowledgeable in Illinois state child custody laws for advice. By obtaining guidance early on, you could gain a better understanding of how to pursue the required changes through the necessary channels while protecting the needs of your kids in the process.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35580412018-12-24T16:22:53Z2018-12-24T16:21:53Z
Very soon, the strike of the clock at midnight will be the start of 2019. At that time, the familiar alimony tax rules will be replaced by the Tax Cuts and Jobs Act, which will make received alimony payments taxable income and alimony payments non-tax deductible. Anyone in Illinois whose divorce could not be finalized before New Year's Eve may want to look at other options to consider instead of alimony. It is essential to take into account that the new law will also affect other aspects of a divorce such as home ownership.

Under the new law, the same tax rules will apply to property division payments and alimony payments. One option is for the one spouse to receive his or her share of the property as payments to replace alimony. In this way, the spouse who needs support can receive his or her share of the property in regular payments instead of spousal support. However, these decisions must not be made in haste and preferably not without legal guidance.

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Differences between property division and alimony to take into account include the fact that those property payments instead of spousal support can come to an abrupt end if there is a bankruptcy filing made by the paying spouse. Alimony payments, in contrast, will not be discharged in bankruptcy. Another difference is the fact that failure to pay alimony can lead to wage garnishments of up to 50 percent, while it will be no more than 25 percent if the division of property payments are not made.

Divorce attorneys in Illinois have had about a year to study the new Tax Cuts and Jobs Act, and anyone who considers ending a marriage might benefit from a consultation with such an attorney. The lawyer can assess the unique circumstances of the client before explaining the pros and cons of the various options. This will allow the client to make informed decisions about the most appropriate way for him or her to deal with matters that will have an impact on post-divorce financial stability.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35526862018-12-18T16:15:48Z2018-12-18T16:14:48Z
It is now a year after the U.S. Congress passed the federal Tax Cuts and Jobs Act. Many couples in Illinois and elsewhere who are in the throes of divorce have pushed to get their cases finalized before Dec. 31. That would ensure that the Internal Revenue Service would continue to allow alimony payments to be deductible for the paying spouse, and taxable for the receiving spouse, none of which will apply after New Year's Eve.

Although many wives are now the primary breadwinners, women still make up the majority of spouses who need spousal support after divorces. As from Jan. 1 2019, husbands may need a lot more convincing to agree to pay alimony than in the past. This is because they will no longer receive tax benefits on alimony payments, and the receiving spouses will receive tax-free dollars if their divorces are finalized after Dec. 31.

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The new law aims to benefit the federal Treasury. Some say the IRS will benefit significantly because instead of receiving the tax paid by the receiving spouse, it will now receive a much more significant amount if the paying spouse is no longer able to deduct alimony from his or her tax return. However, the additional tax burden on the paying spouse will cause a substantial reduction in the funds available for spousal support.

Divorcing spouses in Illinois will surely have questions about the new alimony laws, and how it may affect them. Answers can be obtained from an experienced divorce attorney. The lawyer can assess the unique circumstances of the client on which to base suggestions of the available options and the most appropriate way to proceed. Divorce proceedings are typically challenging but often simplified with the support and guidance of experienced legal counsel.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35386312018-12-10T15:58:46Z2018-12-10T15:57:46Z
Before tying the knot in Illinois, it is likely with great anticipation that otherwise dreaded tasks are completed. These might include getting a marriage certificate copy and arranging the name change with the Social Security Office and the DMV, opening joint bank and credit card accounts, and ensuring that the names of both spouses are on the residential property deed. The same excitement might not be present when all those changes must be undone in the event of a divorce.

When a marriage ends, the most important step might be the changing of account information. Couples are advised to cancel joint credit card accounts rather than just removing one spouse's name. Regardless of whom the court orders to pay that debt, the credit card company will continue to hold both responsible, and nonpayment can cause damage to credit score for seven years. For that reason, transferring the outstanding balance onto a new account in the name of the party responsible for payment might be a better idea.

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For the same reasons, it is advisable also to close other joint accounts like savings and checking accounts, not to forget about insurance policies. If both names remain on the insurance policy, one spouse might be held liable for accidents caused by his or her former spouse. Failing to close a joint account could turn out to be an unnecessary risk. Starting on solo accounts at the same time as starting a solo life would likely be the safer option.

For most Illinois people who are in the throes of divorce, it is unfamiliar territory, with many essential steps to take. For that reason, they find that securing the support and guidance of an experienced divorce attorney can ease the process significantly. A lawyer can help to ensure that nothing is forgotten in the process of financial uncoupling, while also assisting with child-related issues and making sure the client gets a fair deal in the property division process.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35308092018-12-03T16:44:35Z2018-12-03T16:43:35Z
Family courts in Illinois base any child-related decisions on the best interests of the child. Times have changed, and child custody is no longer a mother's right. Fathers have equal rights to care for their children, and although it is mostly agreed that children fare better when both parents share custody, it is no longer unusual for a father to get primary custody. However, the parent who is awarded physical custody can just as quickly have the children removed from his or her care under particular circumstances.

If the custodial parent breaks the law, child custody may be removed. Using or possessing drugs, child neglect, and child abuse are some actions that could result in custody removal. However, a parent may also lose rights to a child if another member of the household threatens the safety of the child. If the parent does not remove an abusive person, the court can remove the child and only allow visitation.

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Violations of court orders can have similar consequences, and this could be orders to undergo mandatory drug tests or counseling, noncompliance with visitation schedules, alienation of the child from the other parent or more. Even if a custodial parent keeps the child away from the other parent for the child's safety, it is against the law, and the court might give the other parent -- who might be abusive -- full custody of the child. The only legal way in which to protect a child in such a situation is to petition the court to modify the child custody order to protect the child.

Any Illinois parent who is at risk of losing child custody or who needs to modify an existing court order might be best advised to consult with an experienced family law attorney. A lawyer can assess the client's unique circumstances and explain his or her rights. Together, they can consider the available options and the best interests of the child. The attorney can then provide the necessary support and guidance throughout any legal proceedings that might follow.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35253282018-11-29T11:41:35Z2018-11-29T11:40:35Z
When you got married, you may not have thought it would ever end. As the years went by, you had children and realized that the two of you grew apart. Perhaps you fell out of love and want to make sure that you retain the friendship the two of you still enjoy.

More people appear to be ending their relationships at this point nowadays. The number of arguments increase, the romance is gone and the friendship shows signs of strain. This set of circumstances indicates for many that it is time to divorce. The primary mission at this point is to make sure that the children have as much time with each parent as possible.

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What about when they aren't with you?

You and the other parent may have reached an agreement regarding parenting time rather easily. You made your decisions regarding holidays, birthdays and school events as well. Now, each of you may secretly wonder how you will get through the time when you aren't with your children. You don't really want to go a full day without any contact with them. Have you considered virtual visitation?

With all of the electronic media available these days, parents can keep in touch with their children from anywhere in the world. Whether it's daily emails, texts or video chats, you can see your kids even when they aren't with you. This may sound great, but you still need to respect the time the children have with the other parent. This means that you will also need to negotiate in some virtual time with kids and lay some ground rules to make sure that things remain fair.

Fortunately, Illinois is one of several states that already have virtual visitation laws on the books. Understanding what they are could help you and the other parent formulate your plan. One of the biggest concerns you need to address is not interfering with the time the children have with the other parent. Virtual visits should probably have a reasonable time limit and not take place during other activities. Perhaps a bedtime story, help with homework or a quick recap of the day would be enough.

Making sure it all comes together

Mixing in-person parenting time for one parent with virtual parenting time for the other requires a delicate balance. It's important to make sure that your rights remain protected even as you consider what is best for the children. If you and the other parent have the proper motivation, you should be able to reach an agreement that will benefit everyone.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35173792018-11-26T15:50:01Z2018-11-26T15:49:02Z
Deciding to end a marriage might be the hardest thing some spouses in Illinois will ever do. Some divorces take months or even years to finalize, and getting a court-ordered legal separation is the best way to deal with all the issues. Although such an order does not end the marriage, it stops the accumulation of marital assets. Anything obtained by a spouse after such an order is issued will be personal assets.

Furthermore, child custody and support issues can be worked out, even if arrangements are temporary. If it proves to be workable and in the best interests of the child, it might be included in the final divorce decree. This is also the time that each spouse can get his or her separate life in order. Closing joint bank accounts and canceling joint credit cards is important because banks and lenders will continue to hold both spouses responsible for debts, even if they are legally separated.

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Using this period to establish a good credit rating might help to get lower interest rates and to obtain a mortgage after the divorce is finalized. A spouse might want to keep the family home, and getting a mortgage on only one salary might be challenging if he or she does not have good credit. In many marriages, all the finances are handled by one spouse, often leaving the other one in the dark. This period of legal separation is an excellent time to learn as much as possible about the family finances while both still have access to the accounts.

While it is true that all this could be overwhelming, no one needs to walk this road alone. Having an experienced divorce attorney who can provide the necessary support, guidance and advice can be an invaluable asset. An Illinois lawyer can answer questions, provide valuable tips and do what is required to prepare the client for a future with financial stability.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35152612018-11-21T14:27:24Z2018-11-21T14:26:24Z
Many misconceptions and myths exist when it comes to prenuptial agreements. Although these contracts are usually signed to prevent contention and disputes about property division in the event of divorce, they can serve numerous other purposes. Anyone in Illinois who is planning to get married might benefit from making a prenup a priority before walking down the aisle.

One myth is that prenuptial agreements are only for the wealthy, which is not true because they can address matters such as alimony, debts brought into the marriage and much more. Although some believe that a prenup is only signed by those who expect to get divorced, many others understand that it can serve as a financial road map for the marriage and also provide peace of mind by ensuring the interests of both spouses are protected. Furthermore, a prenup doesn't just concern the possibility of divorce but can also dictate what is to occur if one spouse dies.

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Although some believe anything can be included in a marital contract, it would still be subject to the court's perception of fairness. Signing a prenup in the presence of the respective attorneys of the parties might show the court that there was no pressure or coercion involved and that both parties understood what they were signing. A court might question an agreement that was signed on the eve of the wedding as that might create the impression of possible intimidation or pressure.

Because there are so many different opinions about prenuptial and postnuptial agreements, it might be wise to discuss the issue with an experienced Illinois attorney. A lawyer can answer questions about property division and the pros and cons of signing a marriage contract. The attorney can assist with drafting the document or the assessment of an agreement prepared by the other spouse's legal counsel. Getting these matters out of the way early can allow the couple ample time to make the necessary arrangements for a perfect wedding, and then they can work on the "happily ever after" part of it.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35066642018-11-13T00:06:07Z2018-11-13T00:05:07Z
Heading into the holiday season might have many divorced parents in Illinois planning visitation schedules. While most parents want what is best for their children, regardless of which one has child custody, this could be a challenging process. Advisers say there are some old and established mindsets that be best replaced with new ones to benefit building more effective co-parenting relationships.

The old mindset of the custodial parent was thinking he or she is the only essential one in the relationship rather than recognizing that their children can benefit from both parents. Instead of competing to get more time, parents might pause to realize that the strengths of one parent could complement the weaknesses of the other. When both parents are involved in the lives of the children, the old mindset of wanting to parent alone might deny the children the benefits of having collaborative parents, even if they are living in different places.

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The challenge is to bury the past and focus on the future and co-parenting relationships that will benefit their children. Many parents have realized that it is far less challenging not to keep strict tabs on every minute the children spend with each parent. Being flexible and even letting parenting time overlap sometimes can make the entire process less stressful. Parents who are willing to compromise and swap visitation now and then may not realize the essential lessons their children can learn from this.

Illinois parents who need assistance with scheduling parenting and visitation time can seek support and guidance from an experienced family law attorney. After assessing the circumstances, the lawyer can suggest solutions to help resolve issues of contention. An attorney can assist with any other child custody issues there might be at the same time.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.35045892018-11-09T10:58:19Z2018-11-09T10:57:19Z
Regardless of how amicably Illinois couples manage to end their marriages, it will nearly always be a painful and challenging process. Property division might be one of the aspects that is most challenging. It might be even more difficult if you are facing a high-asset divorce. Making crucial decisions without adequate information could be detrimental, but help is available.

The legal team at Courtney-Clark Law, P.C. has all the skills necessary to deal with the marital division of complex estates. Your marital estate might include antiques and valuable art pieces, real estate in different states, investment accounts and properties. The more than 40 years of combined experience in our law firm could be invaluable in your quest to get your fair share of the marital estate.

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Our lawyers will assist with the challenging task of classifying all assets as marital and nonmarital, including everything that you brought into the marriage and inheritances and gifts you received while married. There might also be complications to deal with if any personal property was commingled with marital property. Not only are we equipped with the skills to recognize attempts by spouses to hide assets and improperly classify property, but we can also deal with the typical disputes that are common in high-asset divorces.

With our guidance, settlement and negotiations might resolve disputes. We have additional resources to assist with complex issues such as financial planning and property valuation. However, we will be ready to proceed to trial if necessary to ensure the protection of your individual interests throughout the process of high-asset property division. Anyone in Illinois who needs the support and guidance of our team of divorce attorneys is welcome to arrange a free initial consultation with Courtney-Clark Law, P.C.

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tag:www.courtneyclarklaw.com,2018:/blog//77370.34956012018-11-01T17:11:33Z2018-11-01T17:10:33Z
The news media would encourage you and the other parent to get along for the sake of the kids in the event of a divorce. Stories regarding celebrities and other couples who can live together, vacation together and otherwise have a friendly relationship with the other parent fill the internet.

Perhaps you tried this, but it just didn't work. You ended up going to court in order to have a judge decide what your post-divorce parenting time would look like. As you embark on this court-ordered journey, you may wonder whether your former spouse will attempt to sabotage your relationship with the kids since his or her anger at you seems to outweigh that parent's love for your children.

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Signs of parental alienation

When one parent attempts to make the other one look bad to the kids, it's more than likely parental alienation. It often begins with subtle, yet powerful, derogatory statements about you designed to demean, denigrate or berate you. Considering how susceptible children are, these comments could undermine your relationship with your children. The following signs could indicate this is what your ex-spouse is doing:

Your children ask you not to go to parent/teacher conferences.

Your children ask you not to attend sporting events or other extracurricular activities.

Your children begin challenging you as a parent. They may even become combative and/or argumentative.

Your children believe they are the ones who originated the idea of not spending time with you.

Your children become obstinate when they used to be compliant.

Your children view you as someone who can't do anything right.

Your children exhibit a sense of entitlement when you give them gifts or do things for them.

Your children stop telling about school functions and you stop receiving notices of them. The other parent may even remove you as a point of contact.

If you notice any of these warning signs, you could have a serious problem on your hands.

The first step may be to discuss the matter with the other parent. He or she may still harbor ill feelings toward you but not intentionally share them with the children. The other parent may simply not be expressing his or her opinions out of the earshot of the children. The resolution could be as simple as you and the other parent talking to the children together, and the other parent stopping negative talk in front of them.

On the other hand, if there is reason to believe the other parent intentionally turned the children against you, you may need to return to court in order to assert your parental rights. Under ordinary circumstances, you have a right to a relationship with your children, and an Illinois court will not be pleased with the other parent attempting to ruin that chance.